Right

by Gregg Newby

Created on: November 13, 2007

As of this writing, teenagers everywhere possess the legal right to hold a driver's license and operate a vehicle. Thus, teen driving is by definition a right, not a mere privilege.

There seems to be a great deal of confusion about what exactly constitutes a 'right' and what constitutes a 'privilege,' and that distinction is far more important than the somewhat more trivial question of whether or not teenagers ought to be allowed to drive. The purpose of this essay, then, is to clear up a couple of popular misconceptions about the concept of rights in American society. Its purpose is more instructive than argumentative, and its aim is to clarify some important distinctions.

First, what exactly is a 'right'? Strictly speaking, a right is nothing more than legal permission to do something. When we are arrested, for instance, we are told that we have the right to remain silent. By this, the arresting officer means that we have permission to avoid self-incrimination. In other words, we will not be punished for refusing to confess. Every legal right is codified in law. The right to fair treatment at work, for instance, is protected by Equal Employment Opportunity legislation. The right to life is covered by statutes prescribing harsh penalties for murder.

In our society, however, there is a popular misconception that 'rights' are God-given liberties that can never be revoked. They are seen as permanent and unchanging. This belief derives from the Declaration of Independence, in which Thomas Jefferson argued that some rights are divinely bestowed on every human being and cannot (or at least should not) be nullified by the state. He called these the 'inalienable' rights, and he only enumerated three: life, liberty and the pursuit of happiness.

Yet, if we stop and think for a moment, it becomes clear that Jefferson was only speaking rhetorically. If all human beings were really endowed by their creator with these inalienable rights, and we operated in accordance with that principle, then we would never be able to punish criminals either by execution or imprisonment. To do so would be to deprive them of their 'inalienable' rights of life or liberty, as well as the right to pursue happiness. Thus we can see that no right is truly inalienable, for the state can and does frequently retract them.

The state is also the provider of rights. A Right is not a divinely-sanctioned freedom that can never be revoked. It is simply a permission slip that can be annuled if conditions warrant. Moreover, the rights we grant through our elected representatives are expressions of our values. As our collective values change, so do the rights we allow. For instance, southern planters once had the right to own as many slaves as they wanted, but that is no longer the case. As the nation's values changed, that right was revoked. By the same token, African-Americans have been extended numerous rights that they once lived without. To put it another way, our society has granted blacks permission to live and work in a state of equality, while it has simultaneously taken back the right to own human chattel.

What, then, is a privilege? In short, a privilege is the ability to do something that other members of society cannot. Whenever very wealthy or powerful individuals have access to benefits or pleasures not available to the rest of us, we say that they are 'privileged.' O. J. Simpson, for instance, was able to beat his murder rap because he was privileged. By this definition, teenage driving is certainly not a privilege because teenagers are not the only ones on the road. In fact, with very few exceptions, everyone is allowed to drive - a reality that is more in keeping with the general idea of rights than privileges.

Sure, teens aren't the best drivers. They're distracted, irresponsible and full of hormones. But they do have the right to drive. Fortunately, parents have the right to forbid them until they are ready for the road. Its easily accomplished, too. Mom and Dad can just take back the car keys.

Since the laws of every state include provisions for teen drivers, though, we must concede that driving is a legal right for American teenagers. It is certainly not a privilege, for the simple reason that just about everyone else is allowed to drive. The question of whether or not teens ought to be allowed behind the wheel is another matter. As we have seen, rights are not inalienable. If we the people should ever decide that teens to are simply too unsafe to entrust with the car keys, then their right to drive can easily be revoked.

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